Law: North West Frontier Province Prevention of Gambling Ordinance (V of 1978)

Section: 6,8,3,4,5

Law: Constitution of Pakistan, 1973

Section: 14,201

Law: Criminal Procedure Code (V of 1898)

Section: 561A,5(2),Sched.II,249A

(a) North-West Frontier Province Prevention of Gambling Ordinance (V of 1978)---- ----Ss. 6 & 8---Criminal Procedure Code (V of 1898), Ss.561-A & 5(2), Sched. II---Petitioner had asserted the order of the Judicial Magistrate First Class whereby his application under S.249-A, Cr.P.C. had been dismissed on the ground that posts of District Magistrate, Sub-Divisional Magistrate and Magistrate First Class (Executive) had ceased to exist thus there was nobody within the said hierarchy to supervise the raid conducted under the Prevention of Gambling Ordinance, 1978 and criminals of such offences should not go unpunished---Validity---According to S.5(2) of the Cr.P.C. the investigation, trial and inquiry of offences against other laws were to be conducted subject to any special enactment for the tithe being in force regulating the same---Footnote to the Second Sched. of the Cr.P.C. explained the mode and manner of investigation with reference to the nature of the offence and the length of sentence under the other laws and it was directed therein that offences punishable with three years 6r above alone were cognizable and the rest were not---Said explanation also lent support to the view that offences under the said Ordinance which were not punishable with imprisonment for more than three years were not cognizable even under the said Shed.---Offences under Ss.3, 4, 5 & 6 under the Ordinance certainly were non-cognizable by the police on such analogy---All powers of raid, arrest of the accused and recovery of articles under S.8 of the said Ordinance were rested with the Magistrate of the category mentioned therein---Role of the police in the circumstances was that of agency rendering assistance to the Magistrate while carrying out such exercise under S.8 of the Ordinance---Police, thus had no authority to take cognizance of the case under the Ordinance---Section 8 of the Ordinance laid down a clear procedure and also provided a particular authority to deal with the matter and the police was necessarily excluded to take cognizance of such offences--­High Court, in circumstances, declared the F.I.R. registered against the accused under S.6 of the Prevention of…

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